MANILA, Philippines—Health Secretary Francisco Duque III on Thursday morning personally served “cease and desist orders” to four drugstores in Manila and Quezon City that were found violating regulated retail price ceiling on 21 commonly used medicines.

Duque told reporters who accompanied him that the cease and desist orders meant that these drugstores should immediately comply with the government's maximum drug retail price (MDRP) on five medicines, and the voluntary 50 percent price reduction on 16 other medicines.

The DoH also ordered the drugstore owners to explain within 72 hours why they should not be penalized for violating Executive Order 821 which contained the price ceiling for the 21 medicines.

The drugstores that were served cease and desist orders were South Star Drug branch in Matalino St. Diliiman, Quezon City; and the Cheer Up Drugstore Plus, Stardust Drug and Medical Supplies and Sunburst Drug which are all across the Jose Reyes Memorial Medical Center in Tayuman, Manila.

The South Star Drug Diliman branch was found to have sold a regulated medicine at its old high price last August 15, when the new maximum drug retail price took effect.

Duque said the other drugstores—Cheer Up Drugstore, Stardust Drug and Sunburst Drug—should have also implemented the new prices effective August 15 since they are within 500 meters away from a hospital.

All other small and medium-size drugstores were given until September 15 to implement the new prices.

Republic Act 9502 known as the Universally Accessible Cheaper and Quality Medicines Act of 2008 gave the DOH the power to impose hefty administrative fines and penalties against any person, manufacturer, importer, trader, distributor, wholesaler, retailer or any other entity which will violate the imposed maximum retail price.

The fine ranges from P50,000 to P5 million.

Malacañang, upon the DoH’s recommendation, issued EO 821 that placed five common but expensive medicines under price regulation effective August 15.

These medicines are the anti-hypertensive drug amlodipine, the anti-cholesterol drug atorvastatin, the antibiotic/antibacterial drug azithromycin, and the anti-neoplastics/anti-cancer drugs cytarabine and doxorubicin.

The voluntary 50 per cent price cut for 16 other medicines also took effect last August 15.

These are telmisartan and irbesartan which are anti-hypertensive drugs; the anti-thrombotic drug clopidogrel; the anti-diabetic drug gliclazide; the antibiotic drugs piperacillin + tazobactam, ciprofloxacin, metronidazole and co-amoxiclave; and bleomycin, carboplatin, cisplatin, cyclophosphamide, etoposide, mercaptopurine, methotrexate sodium and mesna which are anti-cancer drugs.

But since the 16 drugs are under voluntary price cuts, the Food and Drug Administration (formerly Bureau of Food and Drugs) could only invoke the Consumer Act and impose a P1,000 fine for violations.

But the FDA could also suspend the product registration which in effect will prohibit a drug company from selling the particular medicine, and revoke the license to operate of the erring drugstore or pharmacy.

The BFAD complaints hotline is 807-0751 and 807-8275.